Barber Establishment Inspection Reference Guide

Licenses and Permits
Required Postings and Documents
Responsibilities of Barber Shops, Specialty Shops, Dual Shops, Mini-Barber Shops and Mini-Dual Shops
Responsibilities of Individuals
Department-Approved Disinfectants
General Requirements
Haircutting, Styling, and Treatment Services
Facial Services
Waxing Services
Manicure and Pedicure Services
Electric Drill Bits
Foot Spas
Wig and Hairpiece Services
Hair Weaving
Prohibited Products and Practices
Establishments
Responsibilities of Mobile Shops

LICENSES AND PERMITS

Statute/Rule: 1601.251(a) Requirements: A person may not perform, offer, or attempt to perform any act of barbering unless the person holds an appropriate certificate, license, or permit.

Statute/Rule: 1601.453 Requirements: A person licensed by the department may practice barbering only at a location for which the department has issued a barbershop permit, specialty shop permit, or barber school permit under this chapter or a permit issued under Chapter 1603.

Statute/Rule: 1601.301(a) Requirements: A person may not own, operate, or manage a barbershop, dual shop, specialty shop or a mini-shop, unless the person holds the appropriate permit.

Statute/Rule: 1601.308 (b)/ 82.29 (c) Requirements: A new owner must apply for and obtain a new permit within 30 days after the date of the transfer

Statute/Rule: 1601.309 Requirements: A Cosmetologist may not practice at a barber specialty shop

Statute/Rule: 1603.205(a) Requirements: A shop that employs both barbers and cosmetologists must have both a Barber Shop Permit and a Cosmetology Salon License; Dual License or a Mini-Dual License.

REQUIRED POSTINGS AND DOCUMENTS

Statute/Rule: 1601.501 Requirements: A barbershop or specialty shop permit holder must display the permit in a conspicuous place in the shop for which the permit is issued.

Statute/Rule: 1601.451 Requirements: Failure to display original license or certificate and attached photograph of the holder in a conspicuous place near the holder’s work chair in shop where holder is working.

Statute/Rule: 1603.151(2) Requirements: Consumer complaint sign posted in public view

Statute/Rule: 82.71(f)/ 82.71(g)-mini Requirements: Failure to display on the exterior of building/premises the words “Barber Shop” or “Barber Salon”

Statute/Rule: 82.71(m) Requirements: Failure to post the last inspection report in public view

Statute/Rule: 1601.452 Requirements: Failure to post sanitation rules (or current rulebook).

Statute/Rule: 82.71(c)/ 82.71(d)-mini Requirements: Failure to make available to the inspector an employee/independent contractors list of all individuals who work in the shop.

Statute/Rule: 82.71(s)(3) Requirements: Dual Shops Only: Failure to display prominent sign at entrance/exit indicating no barber or cosmetologist is available when it does not currently have a barber or cosmetologist employed or contracted.

Statute/Rule: 82.71(s)(4) Requirements: Dual Shops Only: Failure to remove or obscure sign or symbol indicating offering barber services without having employed or contracted with a barber for a period of 45 days or more.

RESPONSIBILITIES OF BARBER SHOPS, SPECIALTY SHOPS, DUAL SHOPS, MINI-BARBER SHOPS AND MINI-DUAL SHOPS

Statute/Rule: 82.50(d) Requirements: The barber establishment owner, manager, or their representative shall cooperate with the inspector in the performance of the inspection.

Statute/Rule: 82.71(a) Requirements: Employed a person who is not properly licensed.

Statute/Rule: 82.71(h) Requirements: Food or drink must be disposed of in a closed container and the shop shall be separated by a solid wall and have a separate entrance if located in the same building with a restaurant or food preparation area.

Statute/Rule: 82.71(i) Requirements: Failure of a Barber Shop to have one sink, wash basin, OR hand sanitizer for every 3 barber chairs.

Statute/Rule: 82.71(o) Requirements: Failure to notify the Department of a name change within 30 days following the change

Statute/Rule: 82.71(p) Requirements: Shops shall maintain a current mailing address on file with the department and must notify the department not later than thirty days following any change of mailing address.

Statute/Rule: 82.71(p) Requirements: Shops shall maintain a current mailing address on file with the department and must notify the department not later than thirty days following any change of mailing address.

Statute/Rule: 1601.251(b) Requirements: Using the term "Barber" or similar terms in a business name without holding the appropriate certificate, License or permit.

Statute/Rule: 1601.251(c) Requirements: Using a symbol or combination of symbols that creates an impression with the public that the person is qualified or authorized to practice barbering or own or manage a barbershop, specialty shop, or barber school.

Statute/Rule: 1601.504 Requirements: Failure of a Barber Shop to have sufficient equipment & materials for each individual

Statute/Rule: 1601.505(a) Requirements: Knowingly employed a person with a communicable disease or venereal disease or knowingly employed an infectious/contagious person who is not entitled to protection under ADA.

Statute/Rule: 1601.507(a) Requirements: An owner or manager of a barbershop or specialty shop may not permit a person to sleep in a room used as part of the shop.

Statute/Rule: 1603.352(b) Requirements: A salon owner is responsible for providing an autoclave, a dry heat sterilizer, or an ultraviolet sanitizer for the shop/salon.

RESPONSIBILITIES OF INDIVIDUALS

Statute/Rule: 1601.505(b) Requirements: Working while knowingly having a communicable skin disease or venereal disease or an infectious/contagious disease.

Statute/Rule: 1601.507(b) Requirements: A person may not use a room in a barbershop or specialty shop as sleeping quarters.

Statute/Rule: 1601.251 Requirements: Specialty license holder performing a practice not authorized by their specialty certificate - Also refer to 1601.256 Barber Tech; 1601.257 Barber Mani/Pedi; 1601.258 Barber Weaving

Statute/Rule: 82.70(b) Requirements: A licensee is restricted to working in a licensed facility, but may hold an off-site appointment booked through a licensed facility for someone with an illness or disability or for a special event.

Statute/Rule: 82.70(e) Requirements: Failure to wear clean outer garments or footwear. Lingerie or see thru fabric as outerwear is not permitted.

Statute/Rule: 82.70(f) Requirements: Licensees shall notify the department in writing of any name change within 30 days of the change.

Statute/Rule: 82.70(g) Requirements: Licensees shall notify the department not later than thirty days following any change of mailing address.

HEALTH AND SAFETY STANDARDS

DEPARTMENT - APPROVED DISINFECTANTS

Statute/Rule: 82.101(a)(3) Requirements: Failure to prepare fresh disinfectant solution daily or more often as needed, for immersion of implements.

Statute/Rule: 82.101(a)(4) Requirements: Failure to use disinfectant in accordance with the manufacturers’ recommendation or other guidance in the cosmetology rules.

Statute/Rule: 82.101(b) Requirements: Failure to mix chlorine bleach solution daily

Statute/Rule: 82.101(b)(3) Requirements: Failure to keep chlorine bleach in a closed covered container not exposed to sunlight.

Statute/Rule: 82.101(b)(5) Requirements: Placing or storing chlorine bleach near other chemicals or near flame.

GENERAL REQUIREMENTS

Statute/Rule: 82.102(c) Requirements: Failure to clean & disinfect tools & implements before servicing each client. Also refer to: 82.103(b)(c) Hair Cutting; 82.104 (b)(d)Facial Services; 82.106(c)(d)Mani/Pedi; 82.109(b)Wig/Hair Pieces; 82.110 (b)(d)Hair Weaving

Statute/Rule: 82.102(b) Requirements: Performing services on a client believed to have a contagious condition such as head lice, nits, ringworm, conjunctivitis; or inflamed, infected, broken, raised, or swollen skin or nail tissue; or an open wound or sore.

Statute/Rule: 82.102(d) Requirements: Failure to dispose of single use supplies after each use. Also refer to- 82.104(e) Facial; 82.106(e)Mani/Pedi; 82.111(a)Blood.

Statute/Rule: 82.102(e) Requirements: Failure to wipe clean & disinfect electrical equipment that cannot be immersed in liquid prior to each use on a client.

Statute/Rule: 82.102(f) Requirements: Failure to store in a clean, dry, debris-free environment, separate from soiled implements & materials, all cleaned & disinfected implements & materials when not in use. Fail to store non-barber related supplies in separate drawers or locations.

Statute/Rule: 82.102(g) Requirements: Failure of a Barber Establishment to have a container of liquid disinfectant at each barber chair or station.

Statute/Rule: 82.102(h) Requirements: Failure to disinfect shampoo bowls & manicure tables prior to use for each client.

Statute/Rule: 82.102(i) Requirements: Floors shall be thoroughly cleaned each day. All hair cuttings shall be removed as soon as practicable.

Statute/Rule: 82.102(j) Requirements: Failure to empty all trash containers daily or keep clean by washing or using plastic liners.

Statute/Rule: 82.102(l) Requirements: Failure to use clean towels on each client. (Reused a dirty towel on a client)

Statute/Rule: 82.102(l) Requirements: Failure to wash towels in hot water & chlorine bleach.

Statute/Rule: 82.102(m) Requirements: Soiled towels not removed after use on each client and/or not properly deposited in a suitable receptacle.

Statute/Rule: 82.102(n) Requirements: Failure to label products in compliance with OSHA requirements.

Statute/Rule: 82.102(o) Requirements: Failure to use sanitized towel or neck strip with cape or failure to use a clean cape for each client.

HAIRCUTTING, STYLING, AND TREATMENT SERVICES

Statute/Rule: 82.103(a) Hair Cutting Requirements: Failure to wash or sanitize hands before serving each client. Also refer to: 82.104(a) Facial; 82.105(b) Wax; 82.106(a) Bar Mani/Pedi; 82.109(a) Wig/Hairpiece; 82.110(a) Weaver

Statute/Rule: 82.103(d) Requirements: Failure to clean implements at end of day by manually scrubbing with soap & water or adequate methods, & then disinfecting by complete immersion in registered disinfectant, alcohol, or bleach solution.

FACIAL SERVICES

Statute/Rule: 82.104(a) Requirements: Failure to wear gloves when performing an extraction.

Statute/Rule: 82.104(c) Requirements: Failure to clean & disinfect facial chairs & beds, including headrest, prior to providing Service to each client.

Statute/Rule: 82.104(c) Requirements: Failure to have facial chairs or beds made of or covered in a non-porous material.

Statute/Rule: 82.104(f) Requirements: Failure to replace with clean items for each client: disposable and terry cloth towels, hair caps, headbands, brushes, gowns, makeup brushes, spatulas that contact skin or products from multi-use containers, sponges and other items used for a similar purpose that contact the skin or products from multi-use containers.

Statute/Rule: 82.104(g) Requirements: Failure to use items subject to possible cross contamination in a manner that does not contaminate the remaining product.

WAXING SERVICES

Statute/Rule: 82.105(b) Requirements: Failure to clean the areas of the client’s face or neck on which the temporary hair removal service is to be administered.

Statute/Rule: 82.105(c) Requirements: Failure to dispose of, after each use, all wax that has been in contact with a client’s skin.

Statute/Rule: 82.105(d) Requirements: Reused wax or placed used wax back in a wax pot.

Statute/Rule: 82.105(d) Requirements: Failure to clean and disinfect wax pots; leaving applicator standing in wax.

Statute/Rule: 83.105(f) Requirements: Failure to clean, disinfect, and sterilize or sanitize all multi-use implements prior to each use.

MANICURE AND PEDICURE SERVICES

Statute/Rule: 82.71(r)(1-3) Requirements: Failure of a Manicure Specialty Shop to provide for each Licensee present & providing services: one Mani table with light, one Mani stool, one professional client chair for each manicure station.

Statute/Rule: 82.106(b) Requirements: Failure to clean the areas of the client’s body on which a Mani or Pedi Service is to be administered.

Statute/Rule: 82.106(f) Requirements: Failure to clean and disinfect Manicure/Pedicure tools NOT requiring sterilization OR a Failure to dispose of buffer blocks or porous nail files after contact with broken skin (skin that is not intact) or unhealthy skin or nails.

Statute/Rule: 82.106(g) Requirements: Failure to replace cloth towels, finger bowls, spatulas that contact the skin or skin products from multi-use containers with new or clean articles for each client.

ELECTRIC DRILL BITS

Statute/Rule: 82.107(a): Requirements: Using electric files, drills, or machines other than those specifically designed & manufactured for use in the processional nail industry.

Statute/Rule: 82.107(b): Requirements: Failure to clean drill bits after each use with a brush or ultrasonic cleaner, or by immersing in acetone for 5 to 10 minutes

Statute/Rule: 82.107(c): Requirements: Failure to disinfect drill bits by complete immersion in an appropriate disinfectant, & then sterilize, between clients.

FOOT SPAS

Statute/Rule: 82.108(b) Requirements: Spa or Foot Basin—Before use upon each patron: Each whirlpool foot spa shall be cleaned and disinfected in the following manner.

(1) All water shall be drained and all debris shall be removed from the spa basin.

(2) The spa basin must be cleaned with soap or detergent and water.

(3) The spa basin must be disinfected with an EPA registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity which must be used according to the manufacturer's instructions.

(4) The spa basin must be wiped dry with a clean towel.

Statute/Rule: 82.108(c) Requirements: Foot Spa—At the end of each day: Each whirlpool foot spa shall be cleaned and disinfected in the following manner:

(1) The screen shall be removed, all debris trapped behind the screen shall be removed, and the screen and the inlet shall be washed with soap and water or detergent and water.

(2) Before replacing the screen, one of the following procedures shall be performed:

(A) The screen shall be washed with a chlorine bleach solution; or

(B) The screen shall be totally immersed in an EPA-registered disinfectant.

(3) The spa system shall be flushed with soap and warm water for at least ten (10) minutes, after which the spa shall be rinsed and drained.

Statute/Rule: 82.108(d) Requirements: Foot Spa—Every other week (bi-weekly): Each whirlpool foot spa shall be cleaned and disinfected in the following manner:

(1) The spa basin shall be filled completely with water and one-third (1/3) cup of 5.25% chlorine bleach for each one (1) gallon of water.

(2) The spa system shall be flushed with the chlorine bleach and water solution or an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity according to the manufacturer's instructions for 5 to 10 minutes and allowed to sit for 6 to 10 hours.

(3) The spa system shall be drained and flushed with water before use upon a patron.

Statute/Rule: 82.108(e) Requirements: Failure to keep a record, on a department-approved form, of the date & time of each daily or bi-weekly cleaning and/or failure to make the cleaning record available to a patron or the Department.

Statute/Rule: 83.108(f) Requirements: Foot Basin—After Each Client: each non-whirlpool foot basin shall be cleaned and disinfected in the following sequential manner.

(1) All water shall be drained and all debris shall be removed from the foot basin.

(2) The inside surfaces of the foot basin must be scrubbed and cleaned of all visible residues with a clean brush, soap or detergent, and water.

(3) The foot basin must be disinfected with an EPA-registered disinfectant with demonstrated bactericidal, fungicidal and virucidal activity which must be used according to the manufacturer's instructions.

The foot basin must be rinsed, emptied and wiped dry with a clean towel

Statute/Rule: 82.108(g) Requirements: Failure to clean & disinfect spa chair prior to providing Service to a client or chair not made of or covered with a non-porous material.

Statute/Rule: 83.108(j) Requirements: Disposable Spa Liners and Portable Whirlpool Jets—After Each Client: the following sequential procedures shall be performed.

(1) After use upon a client, the heat-sealed tab shall be pulled allowing the water to empty directly into the cosmetology establishment's plumbing system.

(2) The spa liner shall be discarded in a covered trash receptacle.

(3) The portable whirlpool jet shall be completely immersed for 5 to 10 minutes in an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity which must be used according to the manufacturer's instructions.

(4) The jet shall be rinsed with warm water and drained.

All surfaces of the spa basin and foot rest shall be wiped with EPA registered disinfectant wipes.

Statute/Rule: 83.108(k) Requirements: Spa Liners: Failure to keep a record, on a department-approved form, of the date and time each spa liner was used and discarded. Whirlpool Jets: Failure to keep a record, on a department-approved form, when the jet was used and disinfected and shall indicate in the jet was not used during a work day.

Statute/Rule: 83.108(l) Requirements: All: Failure to keep a cleaning and disinfecting record for at least 60 days. Failure to make the cleaning record available, upon request, to a patron or the Department.

Statute/Rule: 83.108(m) Requirements: All: Failure to remove from service, a spa, foot basin or jet, found to be in violation or for which records have not been maintained. The record must indicate the date of removal from service.

Statute/Rule: 83.108(n) Requirements: All: Failure to clean and disinfect spa chair after service is provided to a client or chair not made of or covered with a non-porous material.

WIG AND HAIRPIECE SERVICES

Statute/Rule: 82.109(c) Requirements: After each client, the following implements shall be wiped with a clean paper or fabric towel and sprayed with either an EPA-registered bactericidal, fungicidal, and virucidal disinfectant, or isopropyl alcohol, ethyl alcohol, or high-level disinfection chlorine bleach solution. Equipment, implements, tools and materials to be cleaned and disinfected include but are not limited to combs and picks, haircutting shears, thinning shears/texturizers, razors, edgers, guards, perm rods and bowls or containers used to clean or color wigs or hairpieces.

Statute/Rule: 82.109(d) Requirements: Failure to manually scrub certain implements & tools with soap & water & disinfect by complete immersion in an EPA-registered disinfectant, alcohol, or bleach solution at the end of each day.

Statute/Rule: 82.109(e) Requirements: Failure to properly disinfect a hairpiece prior to resale.

Statute/Rule: 82.109(f) Requirements: Failure to keep used wigs and hairpieces in a closed bag or container until ready to be cleaned

Statute/Rule: 82.109(g) Requirements: Failure to spray a used wig block with EPA disinfectant after each use & keep separate in a plastic bag in a sanitized condition.

Statute/Rule: 82.109(h) Requirements: Failure to keep soiled wigs and hairpieces separate from finished wigs and hairpieces.

HAIR WEAVING

Statute/Rule: 82.71(q)(1-4) Requirements: Failure of a Hair Weaving Specialty Shop to have for each Licensee present & providing services: one workstation, one styling chair, a sufficient amount of shampoo bowls, and one chair/handheld dryer for each 3 Licensees providing services.

Statute/Rule: 82.110(c) Requirements: Failure to store hair extensions, tracks, needles, and thread in a bag or covered container until ready to use; storing unrelated items in the same bag or container.

Statute/Rule: 82.110(d) Requirements: Failure to spray needles with a disinfectant before use.

PROHIBITED PRODUCTS AND PRACTICES - (LICENSEES MAY NOT USE ANY OF THE FOLLWING SUBSTANCES OR PRUDUCTS IN PERFORMING BARBERING SERVICES)

Statute/Rule: 82.112(a)(1) Requirements: Methyl Methacrylate Liquid monomers (MMA); Buying, selling, using, or applying liquid MMA to a person.

Statute/Rule: 82.112(a)(2) Requirements: Razor-type callus shavers designed and intended to cut growths of skin such as corns and calluses. (Example: Credo Blade)

Statute/Rule: 82.112(a)(3) Requirements: Alum or other astringents in stick or lump form. (Alum or other astringents in powder or liquid form are acceptable).

Statute/Rule: 82.112(a)(4) Requirements: Fumigants such as formalin (formaldehyde) tablets or liquid.

Statute/Rule: 82.112(b) Requirements: Possession of MMA, lump alum or styptic pencil, razor-type callus shaver (i.e.: Credo Blade), on Licensed premises.

Statute/Rule: 82.112(c) Requirements: Using of any product, preparation or procedure that penetrates the skin layer.

ESTABLISHMENTS

Statute/Rule: 82.114(a) Requirements: Fail to keep floors, walls, ceilings, shelves, furniture, furnishings, & fixtures clean & in good repair.

Statute/Rule: 82.114(b) Requirements: Fail to have floors in areas where Services are performed of a material which is not porous or absorbent & is easily washable; having carpet in restricted areas.

Statute/Rule: 82.114(c) Requirements: Fail to keep plumbing fixtures clean & free from cracks & similar disrepair that cannot be readily accessible for cleaning.

Statute/Rule: 82.114(d) Requirements: Fail to have suitable plumbing that provides hot & cold running water & is connected to drain sewage & potable water in work areas.

Statute/Rule: 82.114(e) Requirements: Fail to provide at least one restroom located on or near the premises of the establishment.

Statute/Rule: 82.114(e) Requirements: Storing chemical supplies (including cleaning chemicals) in restroom.

Statute/Rule: 82.114(f) Requirements: Preparing food or beverages on Licensed premises for sale.

Statute/Rule: 82.114(g) Requirements: Fail to have establishment properly ventilated.

Statute/Rule: 82.114(h) Requirements: Door leading to living quarters does not remain closed during business hours.

Statute/Rule: 82.114(h) Requirements: Fail of a residential establishment to have an entrance that is separate and distinct from the residential entrance.

Statute/Rule: 82.114(i) Requirements: Allowing non-service animals in establishment.

RESPONSIBILITIES OF MOBILE SHOPS

Statute/Rule: 82.78(b) Requirements: Fail of a mobile shop to maintain a permanent physical address. Fail of a mobile shop to notify the Department of any address change within 10 days.

Statute/Rule: 82.78(c) Requirements: Fail to keep all required mobile shop records within the unit for one year from the date the record was made.

Statute/Rule: 82.78(d) Requirements: Fail of mobile shop to follow all requirements for GPS tracking or to follow all requirements for a weekly itinerary.

Statute/Rule: 82.78(e) Requirements: Furniture not anchored to mobile unit.

Statute/Rule: 82.78(f) Requirements: Fail of a mobile shop to store all chemicals in cabinets secured with safety catches & separate & apart from other articles or equipment.

Statute/Rule: 82.78(g) Requirements: Fail to display on both sides of the exterior of the mobile shop the shop’s name & License number.

Statute/Rule: 82.78(h) Requirements: Failure of a mobile shop to have the required hot water heater.

Statute/Rule: 82.78(i) Requirements: Failure of a mobile shop to have a fresh water tank holding a sufficient amount to perform the day’s business.

Statute/Rule: 82.78(j) Requirements: Failure of a mobile shop to have the required restroom & toilet.

Statute/Rule: 82.78(k) Requirements: Performing services outside a mobile shop or when the shop is in motion.

Statute/Rule: 82.78(l) Requirements: Using a mobile shop as a residence or for any purpose other than barbering services.